Grounds for denial of state registration of property rights. What is worth knowing?

Grounds for denial of state registration of property rights. What is worth knowing?

Author

Yarmoliuk Dmitry

State registration of rights to immovable property and their encumbrances minimizes the possibility of unscrupulous persons to register rights that do not belong to them, and therefore creates obstacles to illegal real estate transactions.

However, there are situations when you may be denied state registration. What could be the reason for this? Among such reasons are the following:
- the claimed real right, encumbrances are not subject to state registration in accordance with the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances";
- application for state registration of rights submitted by an improper person;
- the submitted documents do not meet the requirements established by the Law;
- the submitted documents do not allow to establish the acquisition, change, termination of real rights to immovable property and their encumbrance;
- there are contradictions between the declared and already registered real rights to real estate and their encumbrances;
- there are registered encumbrances of real rights to immovable property;
- the application for state registration of encumbrances on the previous transferee was submitted after the registration of ownership of such property under the new right of the transferee;
- after the expiration of the term established by the Law, the circumstances that were the basis for the decision to suspend the consideration of the application for state registration of rights have not been eliminated;
- documents are submitted to an improper subject of state registration of rights, notary;
- the application for state registration of rights and their encumbrances in electronic form is submitted by a person who does not have the authority to submit applications in electronic form;
- the applicant submitted the same documents on the basis of which the claimed real right, the encumbrance has already been registered in the State Register of Rights;
- the applicant applied for state registration of property rights, which, according to the submitted documents, was alienated by a person who at the time of such registration was entered in the Unified Register of Debtors, including enforcement proceedings for recovery of alimony in the presence of arrears of payments over three months.

In particular, the refusal of state registration of rights on the above grounds does not apply in 4 cases, namely:

?- presence of an error in the State Land Cadastre, which arose after the transfer of information about land plots from the State Land Register to the State Land Cadastre (location within the land plot of another land plot, inconsistency of land plot boundaries in the State Land Register );

?- discrepancies between the area of ​​the land plot indicated in the State Register of Lands and its actual area as a result of a change in the calculation methods (rounding);

?- inconsistency of information about the land plot in the State Land Cadastre with the information contained in the document certifying the real right to it, if such discrepancy arose due to changes or correction of an error in the information of the State Land Cadastre about the land plot after registration of the document for the emergence of the relevant property right to land. In this case, priority is given to the information of the State Land Cadastre;

?- changes in the name of a joint-stock company in connection with a change in the type of joint-stock company or the transformation of a joint-stock company into another business company.